Employment and Support Allowance (ESA)
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ESA tribunal coming up

Hi my name is Julie, 13 months I failed my ESA assessment, and appealed and only now has my tribunal come to court later this month. Unfortunately where I live I had to go on universal credit, and again had to go through the same thing recently failing another assessment, even with another medical condition. Y question is if I won my tribunal what would happen because they said I couldn't go back on ESA after being on u.c. Is it worth going to the appeal at all!

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    This is complicated because the ESA decision came before the new work capability assessment, which also found you fit for work. The Tribunal decision won't overrule the new work capability assessment unfortunately.

    When you were found fit for work for ESA how long after that did you claim UC?
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    I’m sure if you go on iv it stops you going back on esa May be wrong but sure that’s the ruling iv gone 3mths with no money finally got accepted for tribunal Neva went on uc got esa backdated till tribunal good luck 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @Dulsongreen Forgot to add also that you won't be able to go back onto ESA because you've claim UC.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @Dulsongreen and a warm welcome to the community. I hope you get the answers you are looking for :) If you need support with anything else then please do not hesitate to be in touch :)
    Community Partner
    Scope

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